Schrems II – Follow-up On New Protective Measures For Safe Data Transfers

On 11 November 2020 the European Data Protection Board ("EDPB") issued recommendations on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data, and recommendations on the European Essential Guarantees for surveillance measures. The recommendations, resulting from a high-level Schrems II judgment, are intended to help data controllers and processors fulfil their obligation to define and implement appropriate complementary measures when transferring personal data to third countries.

In short, the recommendations contain a plan of actions to be taken by data exporters to determine whether it is necessary to implement complementary measures to transfer data outside the EEA in compliance with EU law, and to identify the most effective measures in each case. The recommendations also present an open catalogue of examples of complementary measures and how they could work for the given data transfer. Consultations for